Other conditions decisions — 2020

The Board has decided to remand the case due to an inadequate medical opinion regarding the etiology of the Veteran's facial cysts. The examiner needs to reconcile inconsistencies in the service medical records and provide a new opinion on whether the condition is related to active service.

The Veteran's appeals for increased ratings in excess of 10 percent for left hip strain with calcific tendonitis, and for limitations on flexion and extension have been dismissed as the Veteran requested to withdraw his appeal.

The Veteran's claim for an initial rating in excess of 20 percent for varicose veins of the lower left extremity is being remanded due to a duty-to-assist error. The VA examiner did not adequately consider all symptoms associated with his condition, including stasis pigmentation, eczema, or ulceration.

The Board denied an earlier effective date for DIC benefits because the appellant did not file a claim with SSA for survivor's/widow’s benefits, despite her application being for a one-time lump sum payment. The effective date is set at October 30, 2018.

The Board dismissed the appeal because the appellant withdrew it in writing before a decision was made.

The Veteran's appeal is being remanded due to the need for an addendum opinion regarding his service-connected disabilities and their impact on his ability to use his feet. The current examination did not address whether he would be equally well-served by amputation with a prosthetic.

The Board denied the Veteran's claims for service connection for acute meningococcemia and its residuals, as well as bilateral cataracts claimed as due to in-service meningitis. The evidence did not support a current disability or chronic residual from the in-service illness.

The Board has remanded the case due to unclear opinions regarding a right front upper thigh injury and its relation to service.

The Veteran's appeal for retroactive CRDP compensation for the period from June 1, 2009 to August 31, 2010 is dismissed. The issue of an effective date prior to July 1, 2015 for retroactive CRDP compensation totalling $19,529.27 is remanded.

The Board denied a waiver of overpayment due to the Veteran's fault in creating the debt, and because repayment would not cause financial hardship or defeat the purpose for which benefits were intended.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's bilateral foot condition, including retrocalcaneal exostosis, is related or aggravated by his service-connected lumbar spondylosis.

The Veteran's bilateral eye disability, specifically right eye cataract and left eye pseudophakia, has not resulted in a compensable rating due to the corrected distance vision being 20/40 or better in both eyes. There were no incapacitating episodes or other significant visual impairment.

The Board denied the appellant's claim to reopen his character of discharge from service as a bar to VA benefits, finding no new and material evidence that would warrant revising the previous denial.

The Board has determined that the Veteran's claims for service connection for skin disease, right foot and dry eye syndrome need further examination and opinion. The decision is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for endometriosis was denied in January 2008, and the effective date of the grant of service connection is set at February 24, 2015. The Board found that an earlier effective date cannot be granted.

The Board denied the Veteran's claim for service connection for lack of concentration, finding that his symptoms were related to his already service-connected tinnitus and did not constitute a separate disability.

The Board denied compensation under 38 U.S.C. § 1151 for status post bilateral bunionectomies, finding that the additional disability was not caused by negligence or fault on VA's part and was a foreseeable outcome of the surgery.

The Board has remanded the case due to inadequate examination and need for additional medical opinions regarding the etiology of the Veteran's stroke, its relationship to service-connected PTSD with MDD, and whether it is related to herbicide exposure.

The Board denied the Veteran's claim for nonservice-connected pension as his income exceeded the maximum annual pension rate (MAPR) during the appeal period.

The Board denied the overpayment of VA compensation benefits in the amount of $270.00, finding that it was properly created due to a delay in notifying the RO of the divorce.